BY Phuong Nguyen, Esq. and Michael Alexander, Esq., Brown & Fortunato, P.C.   Earlier this year, we wrote about the information blocking provisions of the 21st Century Cures Act (the “Cures Act”) and concerns related to the requirement to disclose medical information, particularly lab results. A new Texas law was passed that appears to largely address those concerns by requiring a 3-day delay for sensitive lab results. To recap, the Cures Act was passed in...

BY Kianna L. Sitarski, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C.   The healthcare industry is indisputably rife with economic, administrative, and regulatory hurdles that often have the unintended consequence of limiting healthcare access to patients, especially those in rural communities. Effective September 1, 2019, in recognition of one regulatory hurdle faced by hospitals, namely federal and state antitrust laws, Texas lawmakers passed House Bill (H.B. 3301) implementing a limited grant of...

BY Bradley Byars, J.D., M.H.A., LL.M. and Michael R. Alexander, J.D., Brown & Fortunato, P.C.   A patient checks her phone on a chilly January morning for lab results. She notices a note labeled: “This communication was generated by an artificial intelligence tool. She wonders: “Who, or what, is advising me?” This reaction captures a microcosm of the modern healthcare experience—where advanced algorithms increasingly shape patient interactions, while policymakers race to ensure these tools serve...

BY Blinn E. Combs, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C.   On April 1, Robert F. Kennedy, Jr., newly installed Secretary of the federal Health and Human Services Department (“HHS”) began implementing changes announced on March 27 as part of the Trump Administration’s Make America Healthy Again initiative. The press release and related fact sheet promised large-scale restructuring of the HHS and the many departments operating under it. Released plans included...

BY Phuong Nguyen, Esq. and Michael Alexander, Esq., Brown & Fortunato, P.C.   As patients in this day and age, we take for granted that medical providers and facilities use some form of electronic medical record and offer an internet portal from which we, as patients, may access our health information, communicate with our health care providers, schedule appointments, and pay bills. With the prevalent use of electronic medical records and medical information flowing into...

BY Amanda F. Hobbs, Esq. and Michael Alexander, Esq., Brown & Fortunato, P.C.   On August 8, 2024, Governor Greg Abbott signed an executive order dictating that most Texas hospitals must collect data regarding the immigration status of patients and report it to the Texas Health and Human Services Commission (HHSC). This action follows the imposition of a similar requirement in Florida. In light of this recent change, it is important to know what obligations...

BY Bradley S. Byars, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C.   Consider, for a moment, how dramatically our healthcare landscape has transformed in the last five years. What began as an emergency response to a global pandemic has evolved into something far more permanent: a fundamental reimagining of how we deliver medical care. Most recently, on December 21, 2024, Congress took another step in this evolution, passing legislation that extends Medicare...

BY Blinn E Combs, Esq. and Michael Alexander, Esq., Brown & Fortunato, P.C.   As we reported here in August, the Federal Trade Commission (“FTC”) recently released a draft report broadly accusing Pharmacy Benefit Managers or “PBMs”—the middlemen who negotiate prescription drug prices—of engaging in an array of tactics to drive up prescription drug costs. The FTC’s long-expected suit was filed on September 20. The complaint accuses PBMs of “manipulation of drug price competition for...

BY Rossanna Madrigal, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C.   On August 1, 2024, the Criminal Division of the Department of Justice (“DOJ”) rolled out a new Corporate Whistleblower Awards Pilot Program (the “Pilot Program”). According to the DOJ, under the Pilot Program, individuals that provide truthful and complete information that leads to a successful forfeiture exceeding $1,000,000 in net proceeds may be eligible for an award from the proceeds. An...

BY Kianna Sitarski, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C.   As enforcement for civil and criminal healthcare fraud continues to be on the rise, it is more important than ever that healthcare companies implement and adhere to effective corporate compliance plans to prevent and detect any potential misconduct. To assist healthcare companies in understanding (i) their legal obligation to prevent, detect, and possibly report misconduct, and (ii) the potential consequences for...